(a) Transfer prohibited. The license issued pursuant to this Division B is for the named on the approved license application. No transfer of a license shall be permitted from to without complying with the requirements of an original application.
(b) Location of and . No or shall be located in whole or in part on private or public property without the express written consent of the property owner or the owner’s representative and in no case shall a or be located:
(1) Within five feet of a pedestrian crosswalk, fire hydrant, semaphore standard, public mailbox or fire or police call box or within 15 feet of the curb return of any unmarked crosswalk, driveway or alley;
(2) Within three feet of the back edge of the curb or the traveled portion of any public street, road or highway;
(3) Within five feet of any traffic control sign or sign marking a designated bus or light rail transit (“LRT”) stop or designated loading space, public trash receptacle, drinking fountain, bicycle rack, tree grate, manhole cover, meter and/or valve box cover, or vent cover for underground utilities or other permitted right-of-way obstruction or appurtenant feature, except as hereinafter provided;
(4) At any location where it would restrict the clear, continuous space for pedestrian traffic to five feet or less;
(5) Within the traveled portion of any street, alley, lane or passageway intended for regular use by motor vehicle traffic;
(6) At any location so as to the clear-view triangle of street intersections or street and driveway intersections, as defined and regulated by code Chapters 17 and 19 or so as to otherwise interfere with the clear and unobstructed vision and cross view of motorists at street intersections, driveways or alleys;
(7) Within one foot of the edge of any public sidewalk or at any location where it would interfere with the cleaning of or snow removal from any public sidewalk by use of mechanical equipment;
(8) At any location where it would interfere with ingress and egress from buses or LRT cars or the use of transit shelters or benches;
(9) At any location where it would interfere with ingress and egress from a vehicle parked in a stall reserved by proper signage for handicapped or any handicap access ramp;
(10) At any location where it would interfere with the normal use or facilitate the misuse of any other permitted right-of-way obstruction, or appurtenant feature; or
(11) At any other location where it would interfere with or impede the flow of pedestrian or vehicular traffic, including access to legally parked or stopped vehicles, or where it would interfere with the use of the property for public utility purposes, public transportation purposes or other governmental use.
(c) Installation and maintenance.
(1) Installation. When a location is approved for a or , the bench or shall be installed parallel with the street. Every shall be installed so as to open toward the sidewalk or public pedestrian area, as opposed to the abutting public roadway or private property. In no case shall a or be attached in any manner to any lighting system, street lamp post, hydrant, tree stake or guard, electric light or power pole, sign post, telephone pole or wire appurtenance thereof, semaphore standard, traffic control device, parking meter, tree, shrub, rock, sidewalk or other natural feature or any other permitted right-of-way obstruction, other than permissively to another licensed . A or may be weighted down, so long as the weight or anchor is an integral and attached component of the main structure and not separately accessible or removable.
(2) Relocation. Once installed at an approved location, no or may be moved to a new location without an approved relocation permit as set forth in § 14.150 of this Division B and payment of a relocation fee. Failure to obtain an approved relocation permit will void the license upon relocation as to that or , subjecting that structure to removal and impoundment pursuant to § 14.149 of this Division B.
(3) Number at one location. There shall be no more than one located on one side of any one-block area at each approved site. may be clustered together in groups of two or more so long as the units are situated side-by-side with no more than a two foot separation between each individual unit and installed in a line parallel to the street with that line extending no further than 15 feet, including the separation space between units. Each cluster must be separated by a distance of not less than 100 feet. However, no shall be clustered together within 15 feet of any street intersection or street and driveway intersection or in a manner that the clear-view triangle of the street intersection as defined and regulated by Chapters 17 and 19 of this code or otherwise interferes with the clear and unobstructed vision and cross view of motorists at street intersections, driveways, or alleys.
(4) Identification. Each and must permanently display the name, address and telephone number of the licensee.
(5) Maintenance. It shall be the duty of the licensee to maintain each bench or at all times in a safe condition at its proper location. The licensee shall periodically inspect each bench and in order that it is properly maintained. and shall be kept at all times in a neat, clean and usable condition. Snow and ice shall be removed from the benches and and the vicinity thereof during the winter so as to be accessible at all times during the year. shall be maintained in good working order at all times, freshly painted and with unbroken hoods free of graffiti, pasted bills and debris.
(6) Location of advertising. No advertising shall be displayed on any except upon the front and rear surfaces of the backrest. shall display no advertising except a logo or other identification of the newspaper being dispensed on the front of the . No or advertising shall display the words, “Stop,” “Look,” “Danger” or any other word, phrase or symbol that might interfere with, or distract traffic. and are not subject to the requirements of §§ 19.100 through 19.127 of this code.
(d) Dimensions and design.
(1) . No bench shall be more than 42 inches high, as measured from the surface of the sidewalk or ground upon which it is mounted, nor more than 30 inches wide or seven feet long overall.
(2) . No shall be more than four and one-half feet high, as measured from the surface of the sidewalk or ground upon which it is mounted, nor more than two feet deep or two and one-half feet long.
(3) Illumination. In no case shall a or contain an element or device designed to emanate artificial light either internally or externally.
(1958 Code, § 140.04) (Ord. 66-46, passed 8-1-1966; Ord. 74-108, passed 11-18-1974; Ord. 75-62, passed 12-8-1975; Ord. 76-59, passed 12-6-1976; Ord. 81-58, passed 11-23-1981; Ord. 82-38, passed 9-27-1982; Ord. 87-77, passed 10-16-1987; Ord. 94-47, passed 8-15-1994; recodified by Ord. 95-13, passed 8-7-1995; Ord. 2004-12, passed 4-5-2004; Ord. 2004-31, passed 7-6-2004; Ord. 2006-45, passed 10-9-2006)